Orica Australia Pty Ltd T/A Orica Australia Pty Ltd

[2023] FWCA 2342

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Orica Australia Pty Ltd T/A Orica Australia Pty Ltd

(AG2023/2297)

ORICA AUSTRALIA PTY LTD HUNTER VALLEY ENTERPRISE AGREEMENT 2023

Mining industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 27 JULY 2023

Application for approval of the Orica Australia Pty Ltd Hunter Valley Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Orica Australia Pty Ltd Hunter Valley Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Orica Australia Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Transport Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 27 July 2023 and, in accordance with s.54, will operate from 3 August 2023. The nominal expiry date of the Agreement at clause 5 is 31 March 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orica Australia Pty Ltd applied to the Fair Work Commission for approval of the Orica Australia Pty Ltd Hunter Valley Enterprise Agreement 2023. The application was made under section 230 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for workers covered by the agreement, including wages, hours of work, and other employment-related matters.

The legal issues before the court involved whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith. Additionally, the court considered whether the agreement complied with the relevant provisions of the Act, including those related to minimum wages and maximum weekly hours.

The court found that the agreement provided for fair and reasonable terms and conditions, and was made in good faith. The court was satisfied that the agreement complied with the relevant provisions of the Fair Work Act, including those related to minimum wages and maximum weekly hours. The court noted that the agreement provided for a range of benefits and protections for employees, and that it was consistent with the principles of the Fair Work Act. The court approved the agreement, finding that it met the criteria for approval under the Act.

The final orders of the court included approval of the Orica Australia Pty Ltd Hunter Valley Enterprise Agreement 2023, subject to certain conditions and modifications. The court ordered that the agreement be registered with the Fair Work Commission, and that it would be binding on all employees and employers covered by the agreement. The court also ordered that the agreement would be subject to review and variation by the Fair Work Commission, as provided for under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established